To Holiday or Not to Holiday

November 27, 2019

To Holiday or Not to Holiday

by Audrey Priolo, Litigation Review Attorney

As we near the end of 2019, courts are releasing 2020 closures and holidays.  Holidays can potentially affect any legal deadline.  If a calculation depends on court days, holidays are not counted. When counting calendar days, a deadline will typically change if the last day lands on a holiday.  It is always important to know the local holidays when calculating deadlines.

Federal Rule of Civil Procedure Section 6(a)(6)(A) defines “Legal Holiday” as:

  • New Year’s Day
  • Martin Luther King Jr.’s Birthday
  • Washington’s Birthday
  • Memorial Day
  • Independence Day
  • Labor Day
  • Columbus Day
  • Veterans’ Day
  • Thanksgiving Day
  • Christmas Day

It is also important to remember that pursuant to FRCP 6(a)(6)(C), Federal Courts may observe State Court holidays for forward calculating deadlines.  Accordingly, in Federal Court, it is important to know both the Federal and State holidays in the jurisdiction.  In California, the Federal and State Holidays are:

DATE

HOLIDAY

FRCP

STATE COURT

Wednesday, January 1, 2020

New Year’s Day

X

X

Monday, January 20, 2020

MLK Jr’s. Birthday

X

X

Wednesday, February 12, 2020

Lincoln’s Birthday

 

X

Monday, February 17, 2020

Presidents’ Day

X

X

Tuesday, March 31, 2020

Cesar Chavez Day

 

X

Monday, May 25, 2020

Memorial Day

X

X

Friday, July 3, 2020

Independence Day

X

X

Monday, September 7, 2020

Labor Day

X

X

Monday, October 12, 2020

Columbus Day

X

X

Wednesday, November 11, 2020

Veteran’s Day

X

X

Thursday, November 26, 2020

Thanksgiving Day

X

X

Friday, November 27, 2020

Day after Thanksgiving

 

X

Friday, December 25, 2020

Christmas Day

X

X

As always, it is important to check the local and courtroom rules.  If there is any doubt, it is always safer to assume that the court does not observe a holiday and take the more conservative deadline.

Audrey L. Priolo is a licensed California attorney with over 13 years of litigation and trial experience, who  now works at American LegalNet as a Litigation Review Attorney.  Questions may be directed to apriolo@alncorp.com

Click on the video below!

Want to learn more?

Recommended Reading